Resolution-ZA 2007-09
RESOLUTION NO. ZA2007-09
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2007-04733 BE GRANTED
(1881 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California described as:
PARCEL A:
PARCEL 2, AS SHOWN ON A MAP FII.ED IN BOOK 10, PAGE 35 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
PARCEL B:
NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS BY
VEHICULAR AND PEDESTRIAN TRAFFIC, VEHICLE PARKING, WATER
DRAINAGE SYSTEMS, MAINS, SEWERS, WATER SPRINKLER SYSTEM
LINES, TELEPHONE OR ELECTRICAL CONDUITS OR SYSTEMS, GAS
MAINS AND ANY OTHER PUBLIC UTIITIES NEEDED TO SERVICE THE
SHOPPING CENTER, AS SET FORTHIN THAT CERTAIN COMMON AREA
MAINTENANCE AND RECIPRICAL EASEMENT AGREEMENT RECORDED
DECEMBER 28, 1982 AS INSTRUMENT NO. 82-454808 OF OFFICIAL
RECORDS.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on August 30, 2007 at 9:30 a.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
variance and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine the following facts:
1. That the applicant proposes waiver of the following to separate two contiguous
commercial properties and reduce parking for an existing Target retail store:
SECTION NO. 18.42.040.010
Minimum number of parking spaces
(633 spaces required; 570 spaces
proposed)
VAR No. 2007-04733 -1- ZA2007-09
2. That the above-mentioned waiver, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably
foreseeable operation of such use.
3. That the parking waiver, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in
the submitted parking study. The study states that all customers and employees were observed to
park on-site and that the parking lot is adequate to accommodate the maximum parking demand for
this site.
4. That the waiver will not increase the demand and competition for parking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained
on-site within the property boundaries.
5. That the waiver will not increase traffic congestion within the off-street parking
areas or lots provided for the proposed use as the use is existing and multiple points of ingress and
egress still serve the property from three different streets.
6. That no one indicated their presence at said public hearing in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning
Director's authorized representative has determined that the proposed project falls within the
definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional
environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby grant subject Petition for Variance, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve
the safety and general welfare of the Citizens of the City of Anaheim:
Prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, the following conditions shall be complied with:
That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit No. 1 as conditioned herein.
2. That the developer/property owner shall redesign the parking lot area and striping adjacent to
the commercial retail parcel at the northwest corner of Lincoln Avenue and Crescent Way to
provide adequate circulation and parking spaces in compliance with all applicable City
Standards and to the satisfaction of the City's Traffic and Transportation Engineer and
Planning Department. All improvements shall be completed within one year from the date of
this resolution.
-2- ZA2007-09
lJ
General Conditions:
CJ
3. Extensions for further time to complete said conditions may be granted in accordance with
Code Section No. 18.03.090 of the Anaheim Municipal Code.
4. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable
City, State, and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting
of August 30, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
g ~ 3~D -~ Q 7
DATE
ANAHEIM ZONING ADMINISTRATOR
ATT T:
v
SENIOR SE RY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-g- ZA2007-09
•
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning
Administrator held on August 30, 2007.
WITNESS WHEREOF, I have hereunto set my hand this ~- -day of
2007.
~ _
SR. SECRET Y, ANAHEIM ZONING
ADMINISTRATOR
-4- ZA2007-09
City of Ana~im
PLANNING DEPARTMENT
www.anaheim.net
August 30, 2007
Target Corporation
1000 Nicollet Mall
# RC TPN 12F
Minneapolis, MN 55403
CASE NO. Variance No. 2007-04733
Dear Target Corporation:
Congratulations! Your application for Variance No. 2007-04733 has been approved by
the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is
enclosed.
The Zoning Administrator's decision is final unless it is appealed to the City Council or the
City Council chooses to review the Zoning Administrator's decision. An appeal must be
filed by September 14, 2007. If an appeal is not filed, the Zoning Administrator's
decision is final and you may proceed with your project. If an appeal is filed, we will
contact you to explain the process and hearing schedule. If you wish to appeal the
decision, we can provide copies of the form(s) and answer any questions you may have
regarding the process.
The Zoning Administrator approved your project subject to compliance with conditions of
approval noted in the decision. It is important that you satisfy these conditions within the
timeframes indicated. Most conditions must be met within one year of approval or prior to
obtaining a building permit, whichever occurs first. If you need additional time to comply
with your conditions of approval, please contact us.
If your project involves a rezoning and/or a subdivision map, further actions will be
necessary to complete the approval process.
At any time throughout the project, please feel free to contact Scott Koehm at (714) 765-
5139 or skoehm~anaheim.net. Your planner can help get the right staff members
involved to resolve your questions.
Thank you for your investment in our community. We look forward to the successful
completion of your project.
S' erely,
Dave See,
Senior Planner
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714)765-5139
City of Anah~im
PLANNING DEPARTMENT
www.anaheim.net
August 30, 2007
John Pedicini
20051 Cypress Street
Newport Beach, CA 92660
CASE NO. Variance No. 2007-04733
Dear Target Corporation:
Congratulations! Your application for Variance No. 2007-04733 has been approved by
the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is
enclosed.
The Zoning Administrator's decision is final unless it is appealed to the City Council or the
City Council chooses to review the Zoning Administrator's decision. An appeal must be
filed by September 14, 2007. If an appeal is not filed, the Zoning Administrator's
decision is final and you may proceed with your project. If an appeal is filed, we will
contact you to explain the process and hearing schedule. If you wish to appeal the
decision, we can provide copies of the form(s) and answer any questions you may have
regarding the process.
The Zoning Administrator approved your project subject to compliance with conditions of
approval noted in the decision. It is important that you satisfy these conditions within the
timeframes indicated. Most conditions must be met within one year of approval or prior to
obtaining a building permit, whichever occurs first. If you need additional time to comply
with your conditions of approval, please contact us.
If your project involves a rezoning and/or a subdivision map, further actions will be
necessary to complete the approval process.
At any time throughout the project, please feel free to contact Scott Koehm at (714) 765-
5139 or skoehm@anaheim.net. Your planner can help get the right staff members
involved to resolve your questions.
Thank you for your investment in our community. We look forward to the successful
completion of your project.
erely,
Dave See,
Senior Planner
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, California 92803
TEL (714)765-5139